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(영문) 청주지방법원 2013.07.04 2013고단431
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On December 25, 2012, the Defendant driven the above taxi on December 18:10, 2012, and driven the front road of the Zek-Tex, which is located in the Dobong-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, and driven the front road of the Zekkk-gu Office.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right and the right and the right of the motor vehicle and to operate the steering gear accurately and safely.

Nevertheless, the defendant did not discover the victim D (the age of 65) who was unclaimed on the right side from the left side of the running direction of the defendant's vehicle due to the negligence of neglecting this, and received the victim's right side part as the front part of the vehicle.

Ultimately, around February 19:50 on February 7, 2013, the Defendant caused the victim’s death by occupational negligence to a multiple organ with a parocsis from the F Hospital located in Heung-gu, Sodong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to death medical certificates and medical opinion;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. In full view of all of the reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the victim died due to the defendant's occupational negligence and the result is very serious, but the victim was negligent in crossing the six-lane road from the victim without permission, that the taxi driven by the defendant is admitted to the Financial Cooperative, that the defendant was smoothly agreed with the victim's bereaved family members, that the defendant did not have any particular kind of criminal record while driving for 37 years, that the defendant was led to confession and reflects, all of the sentencing factors prescribed in Article 51 of the Criminal Act shall be determined as ordered.

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